REGINA vs. GRUNSHIE

JUDGMENT OF VAN LARE, J.A. Van Lare, J.A. delivered the judgment of the court: On the 26th February, 1960, we dismissed this appeal; we now proceed to give reasons for our judgment. [His Lordship referred to the facts, and continued]: There can be no doubt whatsoever that the appellant intentionally caused the death of his deceased wife Kamuri by lawfully harm, in circumstances amounting to nothing short of brutal murder. He was therefore rightly convicted of that offence. In dismissing the appeal, however, we wish to draw attention to a question of law arising out of the summing-up which appears to us to have been at fault—not as against the appellant, but rather as going too far in his favour. This is important, because the jury could have been misled by the summing-up to return a verdict of manslaughter, which was not in law open to them. The opinion we have formed of the facts in this case is that no matter of extenuation whatsoever was proved, or could be inferred .....